High Court rejects judicial review on assisted dying

The High Court has rejected a judicial review brought by a man with terminal motor neurone disease to challenge the current law on assisted dying, in a judgment handed down today.

High Court rejects judicial review on assisted dying

But confirms that the courts do have the authority to declare the current law inconsistent with human rights legislation

Mr Conway and legal team now assess options for appeal

The case is brought by Noel Conway, a 67-year-old man with terminal motor neurone disease challenging the current law on assisted dying

A written judgment was handed down this morning, Thursday 5th October 2017, rejecting his case following a hearing at the High Court in July 2017Mr Conway and his legal team will now assess their options for appeal

Mr Conway and his legal team will now assess their options for appeal

The High Court has rejected a judicial review brought by a man with terminal motor neurone disease to challenge the current law on assisted dying, in a judgment handed down today (Thursday 5th October 2017). The judgment does confirm that the courts do have the authority to make a declaration of incompatibility between the 1961 Suicide Act and human rights legislation. The Noel Conway v Secretary of State for Justice case, which is supported by Dignity in Dying, was heard at the High Court in July 2017 before the courts’ summer recess. Noel and his legal team will now assess their options for appeal.

Noel Conway, 67, a retired college lecturer from Shropshire, was diagnosed with amyotrophic lateral sclerosis (ALS), a form of motor neurone disease (MND), in November 2014. His condition is incurable and he is not expected to live beyond the next 12 months. Noel feels that he is prevented from exercising his right to choice and control over his death under the current law. He fears that without a change in the law he may be forced to suffer against his wishes. Noel, supported by Dignity in Dying, instructed law firm Irwin Mitchell to bring this case to fight for his right to have the option of an assisted death when he is in his final six months of life.

Noel said:

“I am deeply disappointed by today’s judgment and fully intend to appeal it. The experiences of those who are terminally ill need to be heard.

“This decision denies me a real say over how and when I will die. I am told the only option I currently have is to effectively suffocate to death by choosing to remove my ventilator, which I am now dependent on to breathe for up to 22 hours a day. There is no way of knowing how long it would take me to die if I did this, or whether my suffering could be fully relieved. To me, this is not choice – this is cruelty.

“As I approach the end of my life, I face unbearable suffering and the possibility of a traumatic, drawn out death. Travelling to Switzerland is no longer a viable option and I cannot put my family or doctors at risk of prosecution by asking for their help here at home. Knowing I had the option of a safe, peaceful assisted death at a time of my choosing would allow me to face my final months without the fear and anxiety that currently plagues me and my loved ones. It would allow me to live the rest of my life on my own terms, knowing I was in control rather than at the mercy of a cruel illness.

“Throughout this case I have been overwhelmed by the outpouring of support the public has shown me. I know that this fight is important not just to me, but thousands of others. I am undeterred by today’s decision and will appeal it with the support of my legal team and Dignity in Dying.”

Sarah Wootton, Chief Executive of Dignity in Dying, said:

“Whilst we are disappointed with the judgment, it does confirm that the courts have the authority to declare the current law inconsistent with our human rights. Noel does not accept the death that the current law forces him to have, and neither do we, which is why Dignity in Dying will support Noel every step of the way to take this case on to the appeal courts.

“How can it be more ethical or safe for Noel to have his ventilation withdrawn under the current law, with no formal safeguards, than for him to request life-ending medication within the multiple safeguards proposed through his case? This is paradoxical.

“It is clear the current law does not work, when every eight days someone from this country travels to Dignitas; every year 300 dying people end their own lives at home in England and Wales; and thousands more experience unimaginable suffering right to the bitter end. Terminally ill people deserve to be listened to. They are, after all, the true experts on how they want to die.

“The law being proposed in Noel’s case is not a step into the unknown – it has been proven to work safely and effectively in Oregon, USA, for 20 years and now almost 57 million Americans live in states where they could request assisted dying if they were terminally ill. Similar laws are due to be debated in the Australian states of Victoria and New South Wales before the end of the year. Dying people in this country are being let down while the rest of the world moves on.

“Dignity in Dying remains committed to fighting for positive change and will continue wholeheartedly supporting Noel as he assesses his options for appeal.”

Noel’s solicitor Yogi Amin, partner and head of public law and human rights at Irwin Mitchell, added:

“Today’s judgment is obviously disappointing and on behalf of Noel we will now seek permission to take the case to the Appeal courts.

“Noel would like the choice to be able to die with dignity. He has proposed a new legal framework with safeguards in place of the current blanket ban on assisted dying. The world has changed phenomenally in the past few decades with many medical advances but the law on assisted dying for those who are terminally ill hasn’t changed for more than 50 years.”

Noel Conway, 67, from Shrewsbury, was diagnosed with amyotrophic lateral sclerosis (ALS), a form of motor neurone disease, in November 2014. His condition is incurable and terminal – he is not expected to live beyond the next 12 months.

Noel feels that he is prevented from exercising his right to choice and control over his death under the current law. He fears that without a change in the law he may be forced to suffer against his wishes. Noel is bringing this case against the Ministry of Justice to fight for his right to have the option of an assisted death when he is in his final six months of life. Dignity in Dying is supporting Noel’s case.

The safeguards being put forward in evidence are:

Substantive criteria – that the individual:

Is aged 18 or above;

Has been diagnosed with a terminal illness and given a clinically assessed prognosis of six months or less to live;

Has the mental capacity to decide whether to receive assistance to die;

Has made a voluntary, clear, settled and informed decision to receive assistance to die;

Retains the ability to undertake the final act(s) required to bring about their death having been provided with such assistance.

Procedural safeguards:

The individual makes a written request which is witnessed;

The person’s treating doctor has consulted with an independent doctor who confirms that the above requirements are met (having examined the patient);

A High Court judge confirms the criteria is met after consideration of the evidence;

Assistance is provided with due medical care; and

The assistance is reported to an appropriate body

Noel attended the High Court on March 21st to request permission to bring a legal case. On Thursday 30th March 2017, a decision was handed down denying permission for the case to proceed. Noel Conway’s legal team successfully appealed this decision on Tuesday 11th April 2017. A directions hearing on Monday 22nd May 2017 determined the procedural arrangements for the High Court hearing, which took place Monday 17th July 2017 for three and a half days, presided over by three judges. The courts closed for summer recess on Monday 31st July, and reopened on Monday 2nd October. A written judgment was handed down at 10.30am on Thursday 5th October, rejecting the judicial review claim.

About Dignity in Dying

Dignity in Dying campaigns for greater choice, control and access to services at the end of life. It advocates providing terminally ill adults with the option of an assisted death, within strict legal safeguards, and for universal access to high quality end-of-life care. For more information, visit www.dignityindying.org.uk

About Irwin Mitchell

Irwin Mitchell is over 100 years old and is one of the largest law firms in the UK. Last year Irwin Mitchell merged with Thomas Eggar LLP expanding its presence in London and the South East and has also acquired specialist Personal Injury firm MPH Solicitors and private wealth firm Berkeley Law in the past few years.The firm is ranked as a market-leading personal legal services firm in the independent Legal 500 and Chambers UK guides to UK law with over 100 lawyers personally recommended. For more information, visit www.irwinmitchell.com